Trust agreements must fully encircle the terms and conditions between all parties involved. The implementation of a contract ensures that all the obligations of the parties involved are fulfilled and that the transaction is carried out in a safe and reliable manner. – the effective date of the contract (fiduciary date) and the date of execution; it also appears appropriate to avoid sinusoidal deposits and to provide a mechanism for dissemination in the event of party inertia or non-appearance of events within a specified period of time; However, the fiduciary instrument, which expresses a trust fund financially, is also used in an international sale transaction by activating a receiver account that would be transmitted according to the execution of the flows of goods that form the basis of the agreement between the parties (the trust account is also an evidence account to which a bank had access to record registrations related to a counter-transaction). Below is a draft contract presented by the notary Giuseppe Gallizia at a meeting of the Council of Notaries of Milan on the occasion of the permanent training of the district`s notaries. It has the advantage of consisting of a simple scheme, which must be used as a guide that must be adapted to concrete needs, as well as the minimum requirements that have been analyzed as necessary for a fiduciary deposit and the requirements necessary to ensure the effectiveness of the determination of the goods that are intended to be used and thus create a segregation of goods that make them insensitive to third-party claims. Our legal system already provides for institutions such as conventional forfeiture, deposit in the interest of a third party, the contract for the third party and, more often, the irrevocable mandate which, by its differences and peculiarities, produces effects similar to those of a trust agreement, but which does not always meet the needs of the parties to the guarantee and security by not offering this flexibility. , through which a well-structured trust agreement lends itself to the implementation of situations that would otherwise be difficult to thwart. While the transferred assets in the trust fund are in addition to a separate asset and are linked to the achievement of the intended objectives, the trust fund`s sole objective is to secure the principal loan, although it gives confidence in the attitude to be adopted in favour of asset segregation and the consequence that assets valued as collateral constitute a separate asset not confused with the personal assets of the property. For certain transactions such as real estate, the fiduciary intermediary may open a trust account on which funds are deposited. Cash is traditionally the capital that people entrust to a trustee.
But today, any asset that has value can be put into trust, including shares, bonds, deeds, mortgages, patents or an examination. A definitive solution, which can be adopted primarily to unquestionably guarantee the separation of assets, could be to use a fiduciary corporation and sign a fiduciary mandate. The hypothesis is similar to that defined above of « hybridization », with the difference that, in this case, the same agent who, in addition to the activity as owner of the trust asset, turns out to be a subject which, due and in the execution of the instructions received, and unilaterally when the goods are released at the time of the appearance of the expected event, will progress. Therefore, Escrow`s contract is not characterized by a mere guarantee, but essentially has a secondary purpose related to the underlying relationship between the parties, namely a contract for sale, acquisition of shares in the company or deposit of intellectual property, the conclusion of which comes with the release by the agent of the sum of the money, the company`s participation or the intellectual property of the latter. , only in the event of a specific event whose event is governed by the same trust agreement.